19 Kan. 117 | Kan. | 1877
The opinion of the court was delivered by
This action was replevin for a steer valued in affidavit at $15, commenced, before a justice of the peace by plaintiff in error, and was tried to a jury, and verdict and judgment for defendant, from which plaintiff appealed to the district court, where the action was again tried. On this trial the jury found for the plaintiff. A motion for a new trial was overruled, and judgment rendered for plaintiff below, plaintiff in error. After the close of the term of the district court at which the trial occurred, defendant filed his motion in said court “to set aside the judgment, and dismiss the appeal in said cause.” This motion came on to be heard by said district court at its next succeeding term •, and upon the arguments of counsel, and an inspection of the record, no evidence being heard, the court sustained said motion, to which exception was taken by the plaintiff.
The defendant claims that inasmuch as the action was replevin for one steer valued at fifteen dollars, it comes within the second exception of section 10, p. 185, laws 1870, amending section 132 of the justices act, which prohibits an appeal in jury trials, “when neither party claims in his bill of particulars a sum exceeding twenty dollars.” In sustaining this motion we think the court erred. Even if it were conceded that an action for the recovery of personal property